CIRCLE K INNER CIRCLE TERMS AND CONDITIONS
Circle K Inner Circle Terms And Conditions
(1) USE OF THE PROGRAM Welcome to the Circle K Inner CircleTM loyalty program (the “Program”) owned and operated by Circle K Stores Inc. (“Circle K”, we, us or our). These Circle K Inner CircleTM Terms and Conditions (the "Terms") constitute a binding legal agreement between you, as a user of the Program, and us, as the provider of the Program. YOU MUST CAREFULLY READ AND AGREE TO THESE TERMS BEFORE PARTICIPATING IN THE PROGRAM. If you do not understand or agree to these Terms, you may not participate in the Program. Your participation in and/or use of any portion of the Program means that you agree to be bound by these Terms.
(2) AMENDMENTS TO THE TERMS We reserve the right, at our sole discretion, to change, modify, add, remove or otherwise amend these Terms, in whole or in part, at any time and without prior notice. Your participation in and/or use of any portion of the Program constitutes acceptance of and agreement to the then-current Terms. You are responsible for reading these Terms and any subsequent amendment thereto indicated by the revision date of the Terms.
(3) MEMBERSHIP ELIGIBILITY The Program is available in participating Circle K USA locations only. Furthermore:
All Program members must be of full legal age in their State of residence. By participating in the Program, you represent that you are of legal age to do so and become bound by these Terms. Circle K reserves the right to verify your age and identity to grant you access to age-restricted offers.
Only natural persons may participate in the Program; corporations, companies, joint ventures, partnerships, groups and associations are excluded.
Program benefits and rewards cannot be transferred, converted into cash or sold. Benefits can be accumulated and rewards redeemed solely by the member on presentation of membership ID.
Program members must advise Circle K of any changes in their personal information. Circle K reserves the right to cancel memberships with incomplete or incorrect member information. Moreover, Circle K will have no obligation to grant rewards or communicate any information or notice to a member who did not provide its personal information or an update of such.
(4) BENEFITS ACCUMULATION
To earn benefits, members must present at the cash register or enter at the fuel payment terminal a valid membership ID , before the transaction’s end, when making a purchase at a participating store.
No benefits are awarded for purchases of the following products and services: tobacco products, public transportation tickets and passes, gift cards and other prepaid cards, stamps, postal services, dry cleaning, film and video game rentals, bottle and can deposits, as well as any returnable on items, donations, and any items excluded by Circle K in the future or forbidden by law. Circle K reserves the right at all times, to add or exclude, at its sole discretion, eligible items for benefits.
Product returns are handled according to Circle K’s product return and exchange policy. Circle K reserves the right to subtract the benefits earned in the returned product’s purchase or a promotion involving said product.
(5) REWARDS Unless otherwise specifically provided, club credits, rewards and other benefits earned through the Program expire thirty (30) days after issuance. ALL REWARDS MUST BE REDEEMED BY THE EXPIRATION DATE INDICATED IN THE APP. To redeem their reward, members must present their membership ID number at a participating store or follow whatever other procedures as may be determined by Circle K from time to time. Rewards may be subject to additional terms and conditions. Furthermore, Circle K may, from time to time and at its sole discretion, partner with various businesses of its choice on Program offers and joint promotions. Circle K may, at its sole discretion, offer personalized promotions, promotional activities, contests or others exclusively to certain categories of members. The details, terms and conditions of such promotions are communicated to members.
(6) PROGRAM SAVINGS Besides rewards, members benefit from exclusive member prices, personalized prices, where applicable, on specially selected products. To take advantage of these exclusive prices, members must present at the cash register or enter at the fuel payment terminal their membership ID, before the transaction’s end, when making a purchase at a participating store, subject to product availability.
(7) LICENSE Subject to your compliance with these Terms, you may download, access and use the Circle K Inner CircleTM mobile application and/or the circlek.com/innercircle website (collectively, the "App") solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to anyone else; (iii) reverse-engineer, decompile or create derivative works of the App; (iv) make the functionality of the App available to multiple users through any means; (v) use multiple accounts per individual user per device; or (vi) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and/or applicable laws. Furthermore, you agree that you will NOT use the App to:
upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
upload or transmit any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
stalk, harass, threaten or harm another;
request personal or other information from a minor;
pretend to be anyone, or any entity, you are not, you may not impersonate or misrepresent yourself as another person, entity, App user, or otherwise misrepresent your affiliation with a person or entity; or
plan or engage in any illegal activity and/or gather and store personal information on any other users of the App to be used in connection with any of the foregoing prohibited activities.
No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owner or controlled by us or our licensors.
(9) CHANGES TO THE PROGRAM We reserve the right, at our sole discretion, to modify at any time the Program or any part thereof, to suspend the Program, to modify or withdraw services or products offered thereon, without notice or delay and without incurring any liability to any party for any loss or damages that may result, directly or indirectly. Without limiting the generality of the foregoing, Circle K may at any time:
modify the following terms and conditions: conditions of eligibility for members and accounts; conditions applicable to product purchases and transactions under the Program, exchanges and eligible types of products; rewards, notably their form, frequency of issuance and redemption mechanisms; conditions covering benefit accumulation by members; the expiration of rewards, reward redemption business partners or venues, joint offers and promotions with partners; and make any other modifications required under legislation or regulations;
publish all modifications to the Program on its App and/or send a written notice to its members when requested and in the form required by law. The member who maintains its membership to the Program following its modifications is deemed to have accepted the modifications;
refuse service or cancel membership; and
terminate the Program upon advance written notice to Program members under the form required by law.
(10) ALERTS When participating in the Program and/or using the App, you may receive push notifications, home screen alerts, text messages, emails or other types of messages directly sent to you outside or inside of the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the App. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
(13) EXCLUSION AND DISCLAIMER OF WARRANTIES CIRCLE K, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE PROGAM AND/OR THE APP, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. CIRCLE K DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE PROGAM AND/OR THE APP WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE APP IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, CIRCLE K MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE PROGAM AND/OR THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, CIRCLE K, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATION, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE PROGAM AND/OR THE APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CIRCLE K, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE PROGAM AND/OR THE APP. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THE PROGAM AND/OR THE APP AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH OR ON THE PROGAM AND/OR THE APP ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND CIRCLE K DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE BROWSING, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE PROGAM AND/OR THE APP AND THE CONTENT THEREOF, THE INFORMATION, MATERIALS AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PROGAM AND/OR THE APP, ANY HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROGAM AND/OR THE APP OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. BECAUSE CERTAIN FEDERAL OR STATE LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
(14) USE OF INFORMATION AND ERRORS The information displayed on the App is provided for informational purposes only, unless otherwise stated. Price errors or product/service description errors or inaccuracies, including color, origin, category or other characteristics may occur. Circle K reserves the right to correct any such errors, at its sole discretion, at any time and without prior notice.
(15) INDEMNIFICATION By participating in the Program and/or using the App, you hereby agree to indemnify, defend and hold harmless Circle K from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by Circle K in connection with any claim arising out of, based upon or resulting from your participation in the Program and/or your use of the App. Circle K K reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of Circle K. FOR THE PURPOSES OF THIS SECTION, “CIRCLE K” SHALL INCLUDE CIRCLE K’S RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS, LICENSORS, LICENSEES AND THIRD-PARTY SUPPLIERS.
(16) LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CIRCLE K BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM AND/OR THE USE OF THE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THE PROGRAM AND/OR THE APP, EVEN IF CIRCLE K OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL CIRCLE K BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, CIRCLE K’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, DAMAGES OR LOSSES RESULTING FROM PRODUCT/SERVICE PRICE OR ATTRIBUTABLE ERRORS, PRODUCT ERRORS, SUBSTITUTIONS, MISSING PRODUCTS, INACCURATE PRODUCT-SERVICE DESCRIPTIONS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF CIRCLE K. IF, DESPITE THE LIMITATIONS ABOVE, CIRCLE K IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE PROGRAM AND/OR THE APP, IN NO CASE WILL CIRCLE K’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, $10.00. IF YOU ARE DISSATISFIED WITH THESE TERMS, THE PROGRAM AND/OR THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP PARTICIPATING IN THE PROGRAM AND DISCONTINUE USING AND ACCESSING THE APP. CERTAIN FEDERAL OR STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. FOR THE PURPOSES OF THIS SECTION, “CIRCLE K” SHALL INCLUDE THE CIRCLE K’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS.
(17) INTELLECTUAL PROPERTY RIGHTS The Program as well as material on the App, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by Circle K, and Circle K does not represent or warrant that such material does not infringe the rights of any other person or entity. Any unauthorized use of the Program and/or content of the App, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the prior written authorization of Circle K. The trademarks displayed on the Program and the App are trademarks, registered or unregistered, of Circle K or third parties, which are the property of their respective owners. The trademarks displayed on the Program and/or the App cannot be used without the prior written authorization of Circle K or their respective owners. No element of the Program and the App shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of a trademark, except with the express written consent of Circle K or the owner of such trademark.
(19) GOVERNING LAW AND JURISDICTION The Program and the App shall be governed by the laws of the State of Arizona, without reference to principles of conflict of laws. Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; or ii) advertisements, promotions or oral or written statements related to the Program; no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). Circle K will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.ard.org. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. This arbitration provision shall survive: (i) the termination of this Agreement; or (ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
(20) SEVERABILITY If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
(21) NO WAIVER The failure of Circle K to enforce any provisions of these Terms or to respond to a breach or default by you or any third party of these Terms shall not in any way waive the right of Circle K to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
(22) HEADINGS The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
(23) CONTACTING US
By post mail:
Circle K Stores Inc.
Attn: Circle K Inner Circle Loyalty Program
1130 W. Warner Rd.
Circle K Stores Inc.
Attn: Circle K Inner Circle Loyalty Program
1130 W. Warner Rd.